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NRL News
Page 1
September 2009
Volume 36
Issue 9

Obama, some news media misrepresent provisions
Federal government would fund abortion under
health bills soon to be voted on in Congress

WASHINGTON (September 3, 2009)—The Democrat-controlled U.S. House of Representatives is expected to vote soon—perhaps in late September—on “health care reform” legislation (H.R. 3200) that contains far-reaching pro-abortion provisions, including a new federal government insurance plan that would cover all elective abortions.

Leaders of U.S. Senate Democrats are also planning to push sweeping health-care restructuring legislation to the floor in the near future. A Senate committee has approved a health care bill that contains provisions that some pro-life analysts believe could result in the greatest expansion of abortion since Roe v. Wade.

The bills are being pushed hard by President Obama and by top Democratic congressional leaders, including pro-abortion House Speaker Nancy Pelosi (D-Ca.) and Senate Majority Leader Harry Reid (D-Nv.). The Democrats hold majority control of both the House and the Senate, occupying about three-fifths of the seats in each house.

President Obama and many other Democratic officeholders have tried hard to deflect attention away from the pro-abortion components of the bills, often employing misleading statements and outright misinformation. Many in the mainstream news media have accepted such misinformation at face value, even in some cases rebuking pro-life groups for disseminating material that accurately reflected the abortion-related implications of the bills.

On August 19, Obama said that it was “not true” and a “fabrication” to say that the legislation would result in “government funding of abortion.” In an immediate response, the National Right to Life Committee (NRLC) said, “President Obama today brazenly misrepresented the abortion-related component of the health care legislation that his congressional allies and staff have crafted.”

The charge and countercharge drew the attention of the independent center FactCheck.org, which is affiliated with the Annenberg Public Policy Center.

In an analysis published August 21, titled “Abortion: Which Side is Fabricating?,” FactCheck.org concluded that under the Obama-backed legislation, “... it’s likely that any new federal insurance plan would cover abortion unless Congress expressly prohibits that. Low- and moderate-income persons who would choose the ‘public plan’ would qualify for federal subsidies to purchase it. Private plans that cover abortion also could be purchased with the help of federal subsidies. Therefore, we judge that the president goes too far when he calls the statements that government would be funding abortions ‘fabrications.’”

FactCheck.org also reported, “The NRLC’s [Legislative Director Douglas] Johnson said ‘the bill backed by the White House (H.R. 3200) explicitly authorizes the government plan to cover all elective abortions.’ And our analysis shows that Johnson’s statement is correct.”

Despite that rebuke, Obama and many other Democratic officeholders have continued to make misleading statements about the abortion-related components of the legislation. For example, Speaker Pelosi on August 28 put out a press release which said, “The bill preserves the status quo in abortion policy. In fact, the bill clearly spells out that no federal funds can be used to pay for abortions ...”

Nevertheless, there is evidence that the public education efforts by NRLC and other pro-life groups are having an effect. By mid-August, at least one national poll found that most Americans recognized that the legislation would result in government funding of abortion.

House Committee Action

In late July, a bill proposed by the House Democratic leadership, H.R. 3200, was considered in three different committees. All three committees voted down NRLC-backed amendments to prevent the bills from mandating coverage of abortions and to prevent federal subsidies for abortions, as only a few Democrats joined the minority Republican members in support of the amendments. (For details, see “Congress to Vote in September on Obama-Backed Health Bills That Would Greatly Expand Abortion,” July/August NRL News, page 1.)

One of the three committees, the House Committee on Energy and Commerce, chaired by pro-abortion champion Henry Waxman (D-Ca.), adopted an amendment written by Waxman’s staff and offered by Rep. Lois Capps (D-Ca.). The amendment was adopted over the objections of pro-life committee members and pro-life groups.

NRLC’s Douglas Johnson explained, “Under the Capps-Waxman Amendment, the Obama Administration would be explicitly authorized to pay for all abortions under the big new federal insurance program called the ‘public option.’ This means that a person would not be allowed to enroll in the new government plan unless he or she is willing to pay an additional premium to cover the cost of elective abortions—in effect, an abortion surcharge.

“Abortionists would send bills for abortions to the federal Department of Health and Human Services, and they would receive payment checks drawn on a federal Treasury account. The funds in this account are government funds, public funds. This would be direct federal government funding of abortion, pure and simple.”

In addition, H.R. 3200 would establish a new federal program to provide subsidies (called “affordability credits”) to help tens of millions of Americans purchase health insurance. Under the Capps-Waxman Amendment, these subsidies could be used to purchase private insurance plans that cover elective abortions.

While the amendment says that the private insurers are not supposed to count the cost of the abortions against the amount they receive in federal subsidies, Johnson said this was “a bookkeeping sham to conceal the reality—taxpayer subsidies for plans that cover abortion on demand, a drastic departure from longstanding federal policy.”

(For additional information on the abortion-related problems with H.R. 3200, see “Key Points on Pro-Abortion Provisions in Obama-Backed Health Care Bills” on page 21 of this issue.)

Tim Ryan, Pro-Life Impersonator

The Capps Amendment was heavily promoted in the news media as a “compromise” by Rep. Tim Ryan (D-Ohio).

“Tim Ryan is working hand-in-hand with Planned Parenthood—he presents himself as a pro-life lawmaker only for the purpose of trying to undercut the efforts of the real pro-life lawmakers,” said NRLC’s Johnson. “Because so many in the news media have shown themselves gullible enough to fall for this ploy, NRLC has established a special webpage titled ‘Congressman Tim Ryan, Pro-Life Impersonator.’” (http://www.nrlc.org/AHC/RyanUpdate.html)

As a member of the powerful House Appropriations Committee, on July 7 Ryan voted to remove a longstanding ban on the use of congressionally appropriated funds to pay for abortions in the District of Columbia, a federal jurisdiction.

Hyde Amendment

Many Democratic lawmakers have told constituents that a longstanding federal law, the Hyde Amendment, would prevent government funding of abortion under the proposed legislation.  The Hyde Amendment prohibits the funding of abortions (with narrow exceptions) with monies contained in the annual appropriations bill that funds the federal Department of Health and Human Services (DHHS), which includes the federal Medicaid program.

However, NRLC has issued documentation, backed up by memoranda issued by the nonpartisan Congressional Research Service, demonstrating that the government insurance plan and the premium subsidy program that H.R. 3200 would create would receive all of their funds through funding pipelines other than the HHS appropriations bill – and therefore, the proposed new programs would not be covered by the Hyde Amendment.

(An NRLC memorandum demonstrating that the Hyde Amendment would not curb government funding of abortion under the health care bills is posted on the NRLC website at http://www.nrlc.org/AHC/NRLCmemoHydeAmendmentWillNotApply.html)

Next Steps in House?

Pro-life leaders in the House, including Rep. Bart Stupak (D-Mi.) and Chris Smith (R-NJ), who co-chair the House Pro-Life Caucus, and Rep. Joe Pitts (R-Pa.), who chairs a conservative caucus called the Values Action Team, have vowed to carry on the battle.

Stupak says that he will file an amendment, backed by NRLC and other pro-life groups, that would prohibit funds authorized by H.R. 3200 from going to health plans that cover abortions, except to save the life of the mother or in cases of rape or incest.  (This amendment failed on a 27-31 vote in the House Energy and Commerce Committee.)  If adopted, the Stupak Amendment would prevent the government plan from covering elective abortions, and would prevent federal subsidies to private plans that cover abortion.

However, there are already clear signs that the House Democratic leadership will not permit the House to even vote on the Stupak Amendment.

Before the House takes up any bill, it must first approve by majority vote a resolution (called “the rule”) issued by the House Rules Committee, which specifies which amendments, if any, may be considered on the House floor.  The Rules Committee is an arm of the Speaker of the House.

On August 12, Rules Committee Chair Louise Slaughter (D-NY) said at a press conference that the “rule” on H.R. 3200 will not permit a vote on the Stupak Amendment.

Stupak has said publicly that if that is so, he will vote against the rule, and urge other pro-life Democrats to join him.

If no Republican lawmakers vote for the rule, and if as few as 40 of the 256 House Democrats also voted against the rule, Pelosi would be unable to move H.R. 3200 to the House floor.

“The vote on the rule is likely to be the most important pro-life vote to occur in the House in years,” said NRLC’s Johnson.  “A vote for the Pelosi rule on H.R. 3200 is a vote for direct funding of elective abortion by the federal government, and for federal subsidies to private plans that cover abortion,”  

On August 11, House members received a letter signed by the chairman of the United States Conference of Catholic Bishops’  Committee on Pro-Life Activities, Cardinal Justin Rigali of Philadelphia.  The letter said that under H.R. 3200, as revised by the Capps Amendment, “those constrained by economic necessity or other factors to purchase the ‘public plan’ will be forced by the federal government to pay directly and specifically for abortion coverage. This is the opposite of the policy in every other federal health program. Government will force low-income Americans to subsidize abortions for others (and abortion coverage for themselves) even if they find abortion morally abhorrent.”

Rigali referred to the abortion funding provisions as “unacceptable features,” and concluded, “Please support amendments to correct them, and oppose any rule for consideration of H.R. 3200 that would block such amendments.”

Senate HELP Committee bill

The timetable for action on health care reform on the Senate floor remains unclear.

In April, the president of the Planned Parenthood Federation of America (PPFA), the nation’s largest abortion provider, said that health care restructuring legislation would be a “platform” to achieve “access” to abortion for “all women.” 

The “Affordable Health Choices Act” (as yet unnumbered), proposed in the Senate in June by the late Senator Ted Kennedy (D-Ma.), contained provisions that, NRLC analysts concluded, would have sweeping pro-abortion effects consistent with the PPFA’s stated goal.

The Senate Health, Education, Labor, and Pensions (HELP) Committee – chaired by Senator Chris Dodd (D-Ct.) in the absence of the ailing Kennedy – rejected all pro-life amendments to the bill in July.  Dodd celebrated the defeat of the pro-life amendments in a July 14 release:  “We cannot allow critical services to be denied to women based on the ideological concerns of a few.  That is why I opposed the anti-choice amendments.  It is also why I am proud to support ongoing efforts to ensure women have access to family planning and reproductive health services.”

The committee approved the bill on a party-line vote on July 15.  (Kennedy died on August 25.)

“The HELP Committee bill would result in federally mandated coverage of abortion by nearly all health plans, federally mandated recruitment of abortionists by local health networks, and nullification of many state abortion laws,” said NRLC’s Johnson.  “It would also result in federal funding of abortion on a massive scale.”

However, Senate Democratic leaders have not yet attempted to move the HELP bill to the Senate floor because a number of centrist Democratic senators have balked at its cost and at certain components, including the proposed federal government insurance plan (the “public option”).  A group made up of three senators from each party, dubbed the “Gang of Six,” has been meeting for months to try to draft an alternative bill, but at NRL News deadline it was unclear whether any bill would emerge from that process, or how it would deal with pro-life concerns.

Action Needed Now

To read what you can do to prevent enactment of the expansive pro-abortion legislation discussed above, please see the clip-out action alert on page 1 of this issue.

For a short summary of the abortion-related problems with H.R. 3200 and with the “Affordable Health Choices Act,” see “Key Points on Pro-Abortion Provisions in Obama-Backed Health Care Bills” on page 21 of this issue.  (This factsheet can also be downloaded from the NRLC webpage at http://www.nrlc.org/AHC/Index.html,  along with additional documentation on this issue.)

For updates on the legislative situation, check in frequently at www.nrlactioncenter.com

For the latest in videos, news coverage of interest, and downloadable resources, go to http://stoptheabortionagenda.com

Obama Promised Abortion Inclusion in “Health Care Reform”

On July 17, 2007, during Barack Obama’s campaign for the Democratic presidential nomination, he appeared before the annual conference of the Planned Parenthood Action Fund (the “political arm” of the nation’s largest abortion provider).  Speaking of his plans for “health care reform,” Obama said, “in my mind, reproductive care is essential care.  It is basic care, and so it is at the center, and at the heart of the plan that I propose.” 

He also stated, “What we’re doing is to say that we’re going to set up a public plan that all persons and all women can access if they don’t have health insurance.  It’ll be a plan that will provide all essential services, including reproductive services.”     

Under his plan, Obama explained, people could choose to keep their existing private health care plans, but “insurers are going to have to abide by the same rules in terms of providing comprehensive care, including reproductive care ... that’s going to be absolutely vital.”

Regarding Obama’s statements, the Chicago Tribune reported:  “Asked about his proposal for expanded access to health insurance, Obama said it would cover ‘reproductive-health services.’  Contacted afterward, an Obama spokesman said that included abortions.” (“Democrats Pledge Support for Wide Access to Abortion,” by Mike Dorning, Chicago Tribune, July 18, 2007.)